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tv   [untitled]    October 29, 2010 5:30pm-6:00pm PST

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overrule the nile, grant the permit on condition that the second kitchen's utilities be capped and maintained and with findings to come at a later date. >> we are not deciding which commission is meant to be capped. >> corks when not be supporting this denial. >> this should be capped and maintained and updated at a later time.
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>> aye. >> aye. >> aye. >> aye. >> the finding is overruled. >> item 10. >> item 10, p.o. number 10-095, carol fleming verses of the building inspection apartment with planning department approval. this is protesting the issuance to alter a building, remove replaced deck with a new deck, constructing new debt mr. k sacha the rear, remove and replace partial cents.
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>> i would like to thank my neighbors for being patient. this is a matter of fence height. i am just downhill from the property and this nice young couple has bought this property and move dan and is doing wonderful renovations and the neighborhood rejoices in this as did i have. the issue is the height of the fence. if i can show you the prevailing sense of the neighborhood as it goes down. we hope that you can turn on the overhead. we hope that you can see.
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this is a grace note of a backyard. on the uphill, and happen to have these photos that were -- with my family. that is how it looked. when i came home in late july on one friday and much to my astonishment i found the same fence and like a 4 foot extension above my sense -- my fence and i was genuinely shocked because they had made no notification of this.
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this amounts to a 10 foot fence. this photo was taken at 1:00 in the afternoon and now my rose garden is going into shade for the whole afternoon. i have lived in this neighborhood for 11 years. it struck me as shocking as they could put up a barrier. it seems to me that this construction had a direct effect on my garden and my enjoyment and my property values. shouldn't i have been notified of this construction? this is a real question on my part because i don't know because i was wishing that i had been and that had an opportunity to have some input.
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i did invite them over and show them that this was a really concerning topics to me. since we are on a slope, instead of staying to the ground, they put in a deck and then they put in a fence on top of the deck so that this was raised up. my sense is 6 feet. i now have a 10 foot solid barrier on my afternoon wall. i did explain my concerns to them and i asked them to bring it down to two feet. on mount davidson, the sunshine and air circulation is really important. they told me it was permitted, it had a permit.
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they cannot afford a change, i told them that i would pay for it. they refused and they preferred their privacy. i called the department of building inspection and i talked to mr. james lee about what my options are. what can i do with this situation. he said that this was not permitted. this is not a good way to start a neighborhood relationship. apparently he came out and inspected and subsequently they were granted a permit to in the middle of august but that was sometime after they actually had it built. so, i don't know what redress is available to me. this is a 10 foot solid sense that blocks my sunshine and i believe i should have been notified and i believe that my
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right to sunshine should be protected. >> would you put up the first picture that you showed, the sense with the latticework? would huge rock a line with your fingers as to where that dec is. >> this is on the downside. i'm not sure where their debt is -- a deck is. they can probably show you better than i. this is somewhere behind my sense. >> i was wondering if this would end up being in the middle of the latticework. >> and then they put a fence on
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top of it. >> this is on the deck, you would have a clear view of your neighbors? >> if you wanted to, you could go up to it and see in your neighbor's yard, you could. right here, this is solid. if i took down my sense, which i intend to, i think i would have a big cavity underneath where i could probably have an open space. >> you really need to address this. >> let's hear from them. i'm not sure how this will be solved. >> i don't either. >> i appreciate your willingness and desire to keep good
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relationships with your neighbors. >> as i told them, that is the most important thing to me. i would like to find a solution so we can both be happy. >> thank you very much. >> i am the co honor. when we purchased the home, almost one year ago today, tomorrow would be when year. we purchase this as a foreclosure and it was kept for repair when we purchased it and we had plans to renovate the entire -- and to make it more livable. we wanted to create a more homey feel. let me put a picture really quick. the overhead, that is the
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picture of the fence on our side. there is a pretty significant slopes in our backyard. this is to the east of us, i believe. the grade from the west to the east is about a 70% grade. this slopes downward towards ms. fleming's property. now, this is the height of the fence. we did measure this and the fans tight is actually from about 8 feet and 11 inches. that is important because according to the san francisco planning code, we are allowed a fences up to 10 feet high. that is article 1.2. it says that you can have a fence of no higher than 10 feet in the backyard.
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we feel that we are well within that limit, of course we took measurements. we have no personal issues with miss fleming at all. we find her to be quite pleasant. given that the height of the censuses in the standard, we feel that we should be allowed to keep defense the way that it is and it does offer some privacy that we desire. >> it did you consider other designs instead of the pine? >> no, we liked the look of the fence and which understand that some of the sense is there but not all of the fence has that. on the other side of the
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property, this is about 8 foot tall on their side and there is maybe a 6 inch latticed there. >> let's assume that you are correct, is there any value to compromising with your neighbor? q. are the new neighbor. have you propose alternative solutions? do you acknowledge that this is impacting and creating shade. >> we understand that we like the look of it. there is no other way to do this. >> thank you. >> that sends runs along your deck and then it runs adjacent to a scare? >> the staircase is right here.
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>> is this the end of the deck? >> this is right up behind this. >> actually, this sense and is before you have windows. >> , yes we have windows. >> this does not go across the entire length. >> i notice that your lot is quite large but it goes uphill. >> this all goes uphill. the sense is built on a great so
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if she was to take out her fans, this would not be an open face. -- open space. >> mr. sanchez. >> under the planning code, they can have a fence of up to 10 feet in height without any requirement. additionally, they can have decking of up to 3 feet and they can redo the whole backyard. generally, the project is code compliant. one thing that is the concern is that the plans provided by the permit holder, they show that the fence is existing 5 feet and
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will be replaced by 5 feet. the plan shows 5 feet, the existing fence. this does not call for an 8 foot fence, which would be allowed, but the plans don't call for that. >> one can make the assumption that this would be the same size. >> >> you are looking at the
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permit. i think that one would read this as a five-foot high fence. as you pointed out, the permit itself says this is a five-foot high fence. >> is this measured? we heard that this was measured at grade. >> this is generally measured as an uphill or a downhill? >> this is up on the subject property. this was 8 ft. 11 from the base. i don't know if this is from the great or what we were looking at? i don't know where exactly they measured this from. >> what if there is a change right at the place of the sense?
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>> you have mentioned this from the lower end. >> if we do this from the higher end, the person on the higher and would not be able to have a sense at all. this is a really difficult situation. >> this is difficult because a 10 foot fence on the permit holders property would be 25 cents on a neighbor's property. it seems like some kind of averaging can take place. >> is there any public comment? seen none, we do move into rebuttal. >> i don't believe i have
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anything to say by way of rebuttal, i was hoping to find some local room so that i don't have that big solid wall of a kind. what it means for me now is that i will have a conflict cents to cover their fence. i don't want a 10 foot fence. in my hearing that i am stuck with this? >> how did you measure 10 feet? >> i have to go by impression because i cannot get on their side of the wall. >> you are saying they yours is approximately 6 feet and this is
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approximately 4 feet above that. >> now i would have to build a 10 foot fence to have some kind of harmony along the wall. it doesn't seem right to me that i should be forced to do that and lose my sunshine. >> it was 1 cents before with the latticework? >> yes. >> their permit calls for placing the fence and i see where they build. >> they built a branch in defense. >> mine is still standing and theirs is about four inches inside and their property what do i do now? >> we hope we can give you some
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relief that i don't know how"î'o do that. sit tight. president peterson: mr. fleming? >> i would like to clear up a couple of issues mr. sanchez brought up. the height of the fence was measured not on the base of the deck but from the grade level. i will show you on the overhead. i am raising my arm. the tape measure goes all the way down to grade. this is a close-up. there is the top of the measurement. as far as the -- president peterson: what does that mean? >> there is a shadow there. there are 8 inches down there. it goes up. as far as the permit is concerned, we are learning as we go. when we hired an architect to do
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the drawings and while the permit for us, it was our fall for not looking at the permit more clearly and really describing what was actually going on. that was our fault for not following up with our architect. commissioner garcia: let me ask you -- i am not going to require this, but it seems so far that your neighbor is willing to bear some expense to get some of her sunlight back. and if you were to take -- let us decide that latticework is 3 feet. i have no idea what height that led to start is. if she were to pay to have 3 feet of fence removed and lettuce put there, that would allow sunlight, and how would that affect your privacy? do you feel that would affect your privacy? >> my wife and i talked it over. we feel we just wanted more of
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an inclosed feel to our backyard. i think it is just a matter of preference. commissioner garcia: it is so low it seems there would be no vantage point for somebody standing on ms. fleming's property, looking up. >> she does have a bench on the side of the fence that she can stand up on and look into our backyard, which she has done in the past. it bothers us a little bit. but we feel we just like the look of the -- the solid look on our side. president peterson: thank you. anything further from the department? commissioner garcia: mr. sanchez, what effect does this have on anything, the fact that unless i am confused the permit states that a fence is being
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replaced when there was no fence there before the was replaced, that this is a brand new fence? >> if the plans in the permit are incorrect, it is up to the department of building inspection to determine what would need to be done to remedy that. in terms of the privacy issue, there is a substantial briard -- mid blocked open space in the subject walk. -- midblock open space in the subject's walk. put that on the overhead. given how the properties curve out, i think a 3 ft. trellis at the top would provide adequate privacy, in my opinion. additionally, the neighbor's property is substantially lower than the permit holder's property. commissioner fung: that is the
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subject area? >> that is correct. it has been updated. it shows the deck. commissioner garcia: what is the -- knowing now that the permit is inaccurate, what is the effect of that? what would be done about that? >> i will defer to department of building inspection. for us, it is still compliant with planning code. it is really an issue about consistency with the building permit, best left to the department of building inspection. commissioner garcia: thank you. >> laurence kornfield with the department of building inspection. i do not think we would find this to be a fatal flaw in the permit process, replace instead of install a new fence, but it appears not to be correct. i think that might broaden the
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scope of how you might choose to address this, but i do not think we would issue a notice of violation and say "get a new permit." the fact is they are here and you're hearing the issue. this is probably the time for discussion. president peterson: is there any value from you going to measure? we are hearing from ms. fleming it is approximately 10 feet. we're hearing from the other side it is approximately eight. have you measured the fence? >> i cannot tell you if we actually measured. somebody looks at it to make sure it is a parts of it. if you wish us to, we certainly can come out. president peterson: thank you. commissioner garcia: ms. fleming, can i ask you a question? when mr. sanchez put up the graph, i did not happen to notice what was no. and what was south. what is the attitude of your backyard? your backyard faces which way?
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>> oh boy. it is a northwest, the backyard. commissioner garcia: so the sun comes up northwest over their property or away from their property? >> away from their property. commissioner garcia: away from their property and northwest, so south is to the front of your house. >> that is right. and as i said, that one photo, that has the shade on my roses. commissioner fung: it affects the afternoon sun coming out. >> if i may add something, scott sanchez, planning department's staff. i would like to put on the overhead a parcel map that has the no. aero. the shaded property is the
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permit holder's property. the appellant is on the adjacent block. that is why they do not show on this. but it is directly to the south. i think it would probably be more the afternoon sun that would be impacted, especially more so in the wintertime when the sun is lower in the sky. commissioner garcia: the time when you would most like to be in your backyard. >> commissioners, the matter is submitted. commissioner fung: a couple of things i would note first, before i for a direction of would like to propose. the deck is a fairly substantial back across the year -- across
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the rear of the property. the access to that that occurs through sliding doors -- the access to that deck occurs through a sliding doors in the larger dimension of the deck. the area we are talking about is actually the side of the house. i can understand the desire for greater privacy where they have windows there, but that fence runs all the way across the deck and goes across beyond the point of the edge of the building, the rear wall, and the windows that are there. privacy, as we know, is a very nebulous thing in san francisco, and we hear many different types of definitions of what is
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desirable privacy. if i had to guess, i would say that the bulk of the deck that they will utilize the most is that which is directly adjacent to the doors and access point. that is where i would put my furniture. that portion that is against the property line is something that does prevent somebody from mrs. fleming's yard looking upward and potentially catching a glimpse of what was standing there. but it is also interesting, because if you look at one of the photos there are a lot of homes that are 200 feet or 300 feet up above them that can see everything on the deck. admittedly, it is quite a ways away. where i am leading with this is a think the permit holder needs to provide some

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